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AGREEMENT TO MANAGE AND LEASE REAL ESTATE           SAMPLE

(This is a legally binding contract. If you do not understand it, seek legal advice.)

This agreement to manage and lease real estate is made and entered into as of this _______ ______________________ day of________________, _________ by and between________________________________________________________, hereinafter called the Owner

and  RE/MAX Plus, 16581 Airline Hwy, Prairieville, La 70769   &   1406 S Range Ave, Denham Springs, LA 70726 ,hereinafter called the Broker.

Whereas, Owner is the owner of the property known as (Address):   _________________________   

                                                                                                                         _________________________                                                                                                                     

                                                                                                                                                                                                                         _ No Home Warranty Plan

                                                                                                                                                                                                                         _Home Warranty Plan #________        

Owner hereby employs Broker exclusively to rent, lease, operate and manage said property subject to the terms and conditions of this agreement. In consideration of the management and leasing functions to be performed by Broker under this agreement, Owner agrees to pay Broker a fee or fees for services rendered at the rates hereinafter set forth. Owner recognizes Broker as agent in any negotiations relative to said property or any part thereof, which may have been initiated during the term hereof, and if consummated, shall compensate Broker in accordance with the rates hereinafter set forth. Such compensation is due and payable on demand and may be deducted by Broker from gross receipts.

Commission to Lease: _____%   of first month rent           OR                      $___________ Flat Fee.                        ?                 

                                                                                                                                                                                                                                      _No Smoking Allowed

Management Fee:        _____%   of full monthly rent (min $100) & (begins month #1 if tenant already in place)        

                                                                                                                                                                                                                                      _ No Pets Allowed

                                                                                                                                                                                                                                      _ Allow Pets  

                                                                                                                                                                                                                                            *Pet Deposit: $_______

______ Security deposit to be held by RE/MAX PLUS in an escrow account for term of lease.                                             SAMPLE

 ______ Security deposit to be held by OWNER (Tenant to make check payable to owner).

The term of this agreement shall commence on the _______day of_______________________, ___________and expire on

____________  , _____ . This agreement is automatically renewable, upon expiration, for annual periods unless terminated by either party giving 30-days' written notice to the other party in advance of such termination date. However, the termination of this agreement shall not affect the right of Broker to receive leasing commissions or fees which have accrued on the date specified in such notice and have not been paid.

As agent for Owner, Broker owes Owner the duties of loyalty, obedience, disclosure, confidentiality, reasonable care and diligence, and full accounting. Broker must disclose all known material facts about the property which could affect a tenant's use or enjoyment of the property, disclose information which could have a material impact on either party's ability to fulfill their obligations under the lease agreement, respond honestly and accurately to questions concerning said property, and deal honestly and fairly with all parties.

The duties and responsibilities of Broker in connection with the management of said property are as follows:

  1. 1.          Broker shall take all reasonable steps to collect and enforce the collection of all rentals and other charges due Owner from tenants of said property in accordance with the terms of their tenancies.
  2. 2.          From gross revenues collected from said property, Broker is hereby authorized to deduct the rental management fee.
  3. 3.          Broker will mail or wire balance of monthly rent to OWNER within 7 business days of rent being collected.
  4. 4.          Broker shall deposit gross revenues collected into a special trust account in a bank whose deposits are insured by the Federal Deposit Insurance Corporation. Broker shall have authority to endorse checks payable to Owner, deposit funds of Owner into said trust account, and to draw on such account any payment to be made by Broker to discharge any of the liabilities or obligations incurred by Broker pursuant to this agreement.
  5. 5.          Broker shall arrange all repairs, replacements and decorating necessary to maintain said property it its present condition and for the operating efficiency of said property after acquiring Owner’s written approval. The expense of any one item of maintenance shall not exceed the sum of $_________ unless authorized by Owner or unless Broker determines it to be an emergency. Owner approval is not required in the event of an emergency where immediate repairs are required to preserve the property, continue essential services to the property, avoid danger to life or property, or to comply with federal, state or local law.
  6. 6.          Broker has the authority to negotiate, prepare and execute all leases and to cancel and modify existing leases as agent for Owner.
  7. 7.       Broker shall advertise the availability for rent of the property or any part thereof and to display "For Rent" or "For Lease" signs thereon; to show property to prospective tenants; to execute leases, renewals or cancellations of leases relating to said property; to terminate tenancies and to sign and serve for Owner such notices as Broker deems appropriate; to institute legal actions in the name of Owner; to evict tenants and recover possession of said premises; to recover rents and other sums due, and to settle, compromise and release such actions.
  8. 8.       Broker shall have authority to hire, supervise and terminate on behalf of Owner all independent contractors and property employees, if any, reasonably required in the operation of said property. All such property employees are employees of Owner.
  9. 9.        Broker shall maintain accurate records of all moneys received and disbursed in connection with its management of said property, and such records shall be open for inspection by Owner at all reasonable times. Broker shall provide monthly financial statements to Owner.

 

Owner agrees to maintain a minimum balance of $___________in Broker's trust account and in the event the amount falls below

such minimum balance, Owner hereby agrees to pay such excess promptly upon the request of Broker.

Owner agrees to make available to Broker all data, records and documents pertaining to the property which Broker may require to properly exercise Broker's duties hereunder.

Owner shall complete and submit a lead-based paint disclosure if it is residential and built prior to 1978 as required by federal regulation.

Owner authorizes Broker to:

  1. a.         cooperate with brokers who represent tenants and
  2. b.         compensate cooperating brokers from Broker's fees and
  3. c.          compensate Broker's agent

Owner agrees to hold Broker harmless from all damage suits in connection with the management of said property and from liability from injury suffered by any employee or other person whomsoever and to carry, at Owner's expense, adequate public liability insurance and to name Broker as co-insured. Broker also shall not be liable for any error of judgment or for any mistake of fact or law, or for anything which Broker may do or refrain from doing hereunder, except in cases of willful misconduct or gross negligence. If suit is brought to collect Broker's compensation or if Broker successfully defends any action brought against Broker by Owner, relating to said property, or Broker's management thereof, Owner agrees to pay all costs incurred by Broker in connection with such action, including reasonable attorney fees.

This agreement may be later amended or modified at any time by a written mutual agreement signed by Owner and Broker.

Broker will not discriminate based on race, color, creed, religion, sex, national origin, age, handicap or familial status and will comply with all federal, state and local fair housing and civil rights laws and with all equal opportunity requirements.

Broker accepts this exclusive employment and agrees to use due diligence in the exercise of the duties, authority and powers conferred upon Broker under the terms hereof.

Receipt of a copy of the contract by the owner has been acknowledged.

Owner                                                                          Date                                                                                                            Owner                                                       Date

Social Security Number or Tax Identification Number                            Social Security Number or Tax Identification Number

Address                                                                                                        Phone Number

City/State/Zip

_________________________________________________      ________________________________________________     SAMPLE

Pat Anderson                                       Broker/Owner RE/MAX PLUS      Date                        RE/MAX PLUS Designated Agent                                         Date